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Discussion Estate planning is one of those things people don’t really need until they REALLY need it. Ideally, a client would come in and have all

May 28, 2025

Discussion

Estate planning is one of those things people don’t really need until they REALLY need it. Ideally, a client would come in and have all necessary documents prepared far before his or her actual demise, but real life is messy.

In Virginia, all divorce decrees are required to have language about death benefits. VA Code 20-111.1 covers this.

So here are your potential clients for this week. Use either IRAC or FIRC to organize your thoughts about how best to address each of their legal problems and explain the likely outcomes for each. Rely on your home state law (and tell us what that is), unless the scenario says otherwise.

#1 Stuart and Mindy were married for 20 years. Stuart has an adult daughter from his first marriage, Celeste, and a minor child with Mindy, Jon. His first wife is deceased. Stuart died last month without a will. What can/should Mindy do at this point and how will all of this likely play out?

#2 Rick and Jane lived together but never married because they didn’t believe in it. Jane just suffered a serious stroke and is in the hospital in a coma. Rick calls you because the hospital won’t even let him in to see Jane. Jane has one brother, Max, but no other living relatives. What can Rick do, if anything, to be able to see Jane and make medical decisions for her? Assuming that Jane dies, what will happen to: (a) the house that is owned only in her name, (b) her car which is only in her name, and (c) all her other assets?

#3 Sally and Joe get divorced. Three months later, Joe dies before he has changed his will or any of his beneficiary designations. Joe’s new girlfriend threatens to take Sally to court to get “her stuff”. Can you help Sally understand what could happen?

#4 Benedict has fibromyalgia and smokes marijuana to help with the pain. He heard that Virginia is “finally” legalizing marijuana and he wants to start legally purchasing it. What are his options, assuming he’s eligible for medical marijuana?

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